Discarded devices may impose ethical obligations on attorneys

New rule nixes ‘conflicting out’

By Alan Cooper
Published: June 30, 2011
Tags: Domestic Relations, Ethics, Legal Ethics Opinion, Rules of Professional Conduct, Supreme Court of Virginia News, Virginia State Bar

A lawyer takes a phone call from a woman eager to tell him why she wants a divorce. Politeness outweighs any concern about a possible conflict. As the woman starts to tell him about an affair, he realizes to whom he is talking. Although she has a different last name, she is married to his [...]

Duty of confidentiality applies at unexpected times

By Dolan Media Newswires
Published: June 13, 2011
Tags: Ethics

Every lawyer realizes the strength and breadth of our profession’s duty of confidentiality. Most lawyers know that the duty lasts forever. Many of us include threatening disclaimers whenever we send an email, warning accidental recipients that they must not share the email with anyone else. Yet lawyers frequently overlook some of the obvious situations in [...]

Proposed LEO would give Medicare lien protection

By Peter Vieth
Published: May 6, 2011
Tags: Ethics, Legal Ethics Opinion, Personal Injury, Virginia State Bar

A proposed Virginia legal ethics opinion provides plaintiffs’ lawyers with new ammunition in the battle for protection from Medicare liens in personal injury settlements. Insurance companies and the plaintiffs’ bar have tussled as each side sought a shield against exposure for unpaid government liens. Medicare regulations emphasize the government’s determination to collect from anyone involved [...]

Pitfalls for corporate, outside counsel shown

By Alan Cooper
Published: April 29, 2011
Tags: Corporate Counsel, Corporations, Ethics, Federal Courts, Judge Robert E. Payne

Imagine that you’re corporate counsel, and you’re preparing for a huge case. You learn – from opposing counsel – that one of your key witnesses may have altered two emails to enhance your case. Is eliminating those emails from the case enough, or do you have to pull out all stops to check the veracity [...]

Infant settlement procedures get an overhaul in Fairfax

By Peter Vieth
Published: January 31, 2011
Tags: Domestic Relations, Ethics, Fairfax County Circuit Court, Judge Dennis J. Smith, Judge Jane Marum Roush, Judge Thomas D. Horne, Loudoun County Circuit Court, Virginia State Bar

Some Northern Virginia judges and lawyers are taking a fresh look at what had been a routine procedure intended to protect the rights of children when settling their civil claims. In Loudoun and Fairfax Counties, judges have decided that, in many cases where they are called on to approve tort settlements, they want to pick [...]

Legal Zoom preps to fight VSB’s UPL bill

By Alan Cooper
Published: January 18, 2011
Tags: Ethics, General Assembly, Virginia State Bar

Legal Zoom, the Internet-based document preparation company, is preparing to fight the Virginia State Bar’s efforts to toughen the penalties for the unauthorized practice of law. Senate Bill 1067, introduced by Sen. John Edwards, D-Roanoke, at the request of the VSB, would increase the statute of limitations for UPL from 12 months to two years. [...]

Solo suspended after use of “& Associates” in firm name

By Peter Vieth
Published: January 7, 2011
Tags: Ethics, Lawyer Discipline, Virginia Beach Circuit Court, Virginia State Bar

A Virginia Beach lawyer whose advertising made his solo practice look like a multi-lawyer firm has had his license suspended by a three-judge panel in Virginia Beach Circuit Court. The advertising issue was just one of the transgressions charged against Jason M. Head, who was suspended for 30 days, but the judges’ decision adds new [...]

Farr, bar spar over ‘#1 expert’ assertion

By Alan Cooper
Published: January 3, 2011
Tags: Ethics, Legal Marketing, Virginia State Bar

Fairfax lawyer Evan H. Farr insists that he’s “a very humble person by nature,” but the Virginia State Bar has taken him to task for what appears to be an inconsistency between humility and a claim on his website. www.farrlawfirm.com proclaims Farr to be “the #1 Expert on Medicaid Asset Protection in the Country,” the [...]

Changes proposed for ethics rules on referrals

By Alan Cooper
Published: December 15, 2010
Tags: Attorney General Ken Cuccinelli, Ethics, Virginia State Bar

“Running and capping” sounds like a gangland crime. It is in fact prohibited by a Virginia statute, but it’s a prohibition that applies to lawyers. Virginia Code § 54.1-3941, bars running and capping, or improperly partnering with nonlawyers to win business. The Virginia State Bar has been working on a substantial revision of Rules of [...]